Loading...
Frontline Subdivision Storage Facility Sanitary Sewer Easement No. 1 ESMT-2022-0108 (2022-011637) ADA COUNTY RECORDER Phil McGrane 2022-011637 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 02/02/2022 10:12 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0108 Frontline Subdivision Storage Facility Sanitary Sewer Easement No, I SANITARY SEWER EASEMENT THIS Easement Agreement, made this 1 St day of February, 20 22 between SCS Brighton H LLC ("Grantor"),and the City of Meridian,an Idaho Municipal Corporation ("Grantee"); WHEREAS,the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW,THEREFORE, in consideration of the benefits to be received by the Grantor,and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures,trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Sanitary Sewer Easement REV.01/01/2020 THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns,heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: SCS BRIGHTON II LLC By:Brighton Corpo ti , an Idaho corporation,Manager Robert L.PhillipsfrLid&t STATE OF IDAHO ) ) ss County of Ada ) On this 19 day of January, 2022, before me a Notary Public of said State, personally appeared Robert L. Phillips,known or identified to me to be the President of Brighton Corporation,the Manager of SCS Brighton II LLC,the Company that executed the instrument or the person who executed the instrument on behalf of said Company,and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed by official seal the day and year in this certificate first above written. (stamp) LL Notary Signature My Commission Expires: SHARIVAUGHAN Notary Public-State of Idaho Commission Number 20181002 My Commission Expires Jun 1,2024 Sanitary Sewer Easement REV.01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 2-1-2022 Attest by Chris Johnson, City Clerk 2-1-2022 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 2-1-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2022 Sanitary Sewer Easement REV.01/01/2020 Item#8. km E N G I N E E R I N G January 12,2022 Project No.20-208 Sewer Line Easement Legal Description Exhibit A A parcel of land for a Sewer Line Easement over a portion of Northwest 1/4 of the Northeast 1/4 of Section 14, Township 3 North, Range 1 West, Boise Meridian,City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at a found aluminum cap marking the North 1/4 corner of said Section 14,which bears N89°13'12"W a distance of 2,657.79 feet from a found aluminum cap marking the Northeast corner of said Section 14,thence following the northerly line of said Northwest 1/4 of the Northeast 1/4,S89°13'12"E a distance of 916.14 feet; Thence leaving said northerly line,S00°46'48"W a distance of 488.77 feet to the POINT OF BEGINNING. Thence S07°32'35"E a distance of 63.05 feet; Thence N89°13'12"W a distance of 10.11 feet; Thence N07°32'35"W a distance of 54.92 feet; Thence N68°16'48"E a distance of 1.65 feet; Thence N45°46'48"E a distance of 10.48 feet to the POINT OF BEGINNING. Said parcel contains 587 square feet, more or less,and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. N1- LANDS o� ENS£'o GP< 0 �o �9T OF \OPT �<< KV- -12-2022 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 • kmengllp.com Page 94 Item#8. \CAD\SURVEY\EXHIBITS\20-208 SEWER LINE EASENIENT.DWG,BILL HYNSON,1/1 2120 2 2,DWG TO PDE.PC3,08.5X11 L JPDE] I-� r_ I' W N z m z z Z F- P 13 D --I Z O O ZI rn rn W :;U m p= Z p w 00 N D \M M M : 1 41 O m n O o O -NI Z Z N j � m m � _ W �z6'1�S M. CA I CA � � j S00'46'48"W � f zC eL0s 488.77' CID ;P�- — —�- i J Q O J Cn� . z rnl Ut O0 CO • m O , z z z I ' m M Z O I � P ^�'��a�s ! �y I o z 0 W N o a O En Np 2 o N On' o c �' 'Mn a o M--A qy0 �� < M o 0 o (D 2!0 z Z 5 > zm r*I r Z 0 z m o c °' Linder Rd. m m s D Z Exhibit B ooZ � M m _ Sewer Line Easement � .. co oo,yom Q v"=n -n N 2 Situated in a portion of the Northwest 1/4 of the Northeast 1/4 of Section 14, ww<— Township 3 North, Range 1 West, B.M., City of Meridian, Ada County, ID N Page 95 Oa gti T'. Id n89013'12"w 10.11 Title: Date: 0 1-11-2022 Scale: finch= 10 feet File: Tract]: 0.013Acres: 587 Sq Feet:Closure=n34.2001w 0.00 Feet: Precision=1/46528: Perimeter=140 Feet 001=s07.3235c 63.05 003=n07.3235w 54.92 005=n45.4648e 10.48 002=n89.1312w 10.11 004=n68.1648e 1.65